Transport Operations (Passenger Transport) Regulation 2018
sec.268BPowers
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sec.268B Powers
For section 114 (2) of the Act , the powers of an authorised person for a service contract are limited to the powers given under— the following provisions of the Act — section 127 ; section 143AG ; section 143AH ; section 143AHA (1) ; section 143AHB (1) ; section 143AHC ; section 143AHD ; and the following provisions of this regulation— section 218I ; section 218J ; section 218K ; section 218L . However, the powers given under section 127 of the Act are limited to being exercised for serving an infringement notice for an offence against— the following provisions of the Act — section 143AE (1) ; section 143AK ; or the following provisions of this regulation— section 218C (1) ; section 218I (4) ; section 218J (3) ; section 218K (3) ; section 218L (3) ; section 232 ; section 233 (1) ; section 234 (1) ; section 251 ; section 252 (1) ; section 253 (2) . Also, the power given under section 143AHA (1) of the Act is limited to being exercised for giving a direction under the section for an offence against the following relevant provisions for that section— section 143AE (1) of the Act ; section 218C (1) of this regulation; Section 218C (2) prescribes section 218C as a fare evasion provision for section 143AHA (4) of the Act , definition relevant provision , paragraph (c) . section 252 (1) of this regulation. Section 252 (2) prescribes section 252 as a relevant provision for section 143AHA (4) of the Act , definition relevant provision , paragraph (b) . The powers of an authorised person for a service contract may be exercised only in relation to— a public passenger service that is required to be provided under a service contract; or public transport infrastructure used to provide a public passenger service that is required to be provided under a service contract. However, an authorised person for a service contract may exercise the person’s powers in relation to a service contract only if and to the extent— the authorised person is an employee of the operator who is the holder of the service contract; or the authorised person is a contractor of the operator who is the holder of the service contract or an employee of the contractor; or the following entities have agreed that the authorised person may exercise powers in relation to the service contract— the operator who is the holder of the service contract; the operator who is the authorised person’s employer or who engages the person or the person’s employer as a contractor; the chief executive. s 268B ins 2019 SL No. 245 s 9 amd 2020 SL No. 26 s 10 ; 2024 SL No. 73 s 4 (sec.268B-ssec.1) For section 114 (2) of the Act , the powers of an authorised person for a service contract are limited to the powers given under— the following provisions of the Act — section 127 ; section 143AG ; section 143AH ; section 143AHA (1) ; section 143AHB (1) ; section 143AHC ; section 143AHD ; and the following provisions of this regulation— section 218I ; section 218J ; section 218K ; section 218L . (sec.268B-ssec.2) However, the powers given under section 127 of the Act are limited to being exercised for serving an infringement notice for an offence against— the following provisions of the Act — section 143AE (1) ; section 143AK ; or the following provisions of this regulation— section 218C (1) ; section 218I (4) ; section 218J (3) ; section 218K (3) ; section 218L (3) ; section 232 ; section 233 (1) ; section 234 (1) ; section 251 ; section 252 (1) ; section 253 (2) . (sec.268B-ssec.3) Also, the power given under section 143AHA (1) of the Act is limited to being exercised for giving a direction under the section for an offence against the following relevant provisions for that section— section 143AE (1) of the Act ; section 218C (1) of this regulation; Section 218C (2) prescribes section 218C as a fare evasion provision for section 143AHA (4) of the Act , definition relevant provision , paragraph (c) . section 252 (1) of this regulation. Section 252 (2) prescribes section 252 as a relevant provision for section 143AHA (4) of the Act , definition relevant provision , paragraph (b) . (sec.268B-ssec.4) The powers of an authorised person for a service contract may be exercised only in relation to— a public passenger service that is required to be provided under a service contract; or public transport infrastructure used to provide a public passenger service that is required to be provided under a service contract. (sec.268B-ssec.5) However, an authorised person for a service contract may exercise the person’s powers in relation to a service contract only if and to the extent— the authorised person is an employee of the operator who is the holder of the service contract; or the authorised person is a contractor of the operator who is the holder of the service contract or an employee of the contractor; or the following entities have agreed that the authorised person may exercise powers in relation to the service contract— the operator who is the holder of the service contract; the operator who is the authorised person’s employer or who engages the person or the person’s employer as a contractor; the chief executive.